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Burnet's Bill of Complaint and Chetwood's Answer, The National Archives (1721)
Source: The National Archives: c.11 242/45
Citation:
Burnet's Bill of Complaint and Chetwood's Answer, The National Archives (1721), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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Chapter 1 Page 1
2o October 1721 Smith To the Right Honourable Thomas Earl of Macclesfield
Lord High Chancellor of Great Brittain
Humbly complaining sheweth your Lordship Your Orator George Burnet of Eriholm in the County of York Gentleman
Brother & sole Executor of the last Will & Testament of Thomas Burnet Doctor of Laws late Master of the Charter
House in the Citty of London. That in the Year of our Lord One Thousand Six Hundred & Ninety two the said Doctor
Thomas Burnet your Orator's Brother & Testator did Publish a Book which he had written in the Latin Tongue Intituled
Archæologiæ Philosophicæ sive Doctrina Antiqua de Rerum Originibus which said Book was printed for Walter Kettleby
a Bookseller then living in St Pauls Church yard & was entered in the Register of the Stationers Company in the name
of the said Walter Kettleby & there being some offence taken at some Passages in the said Book the said Doctor
Burnet did shortly after write in the Latin Tongue a Letter in Apology or vindication thereof. After which a certain
Scribler Published a Book or Pamphlet containing a Collection or Translation into English of certain Irreligious
peices [sic] which were styled the Oracle of Reason & to set of & make the said Trash saleable the said writer
translated into English or procured to be translated into the said Book or Pamphlet one Chapter of the said Book of
Archæologiæ Philosophicæ of which Translation the said Doctor Burnet had no notice till the said Pamphlet was
published in Print at which usage your Orators said Brother had so great an Indignation that he did all he could to
prevent the same for the future & the better to keep the said Book of Archæologiæ Philosophicæ under his own power & to
prevent the same being either Reprinted Abridged or Translated without his leave & approbation the said Doctor Burnet
insisted that the said Walter Kettleby his Bookseller should make a Declaration of Trust to him the said Doctor Burnet
that the said Book styled Archæologiæ Philosophicæ with the said Epistle which were entered in his the said Walter Kettlebys
name were so entered in the Register of the said Stationers Company for & in Trust for him the said Doctor Burnet as in Truth
they were which Declaration of Trust & an Assignment of the said Copy the said Walter Kettleby did make accordingly by
writing under his hand & Seale bearing date the Twenty second day of February in the year of our Lord One Thousand Six
hundred & Ninety four & five As by the said Declaration of Trust & Assignment ready to be produced to this Honourable
Court may appear. And your Orator further sheweth ^unto^ your Lordship that your Orator's said Brother departed this life
on or about the Twenty Seventh day of September in the Year of our Lord One Thousand Seven hundred & fifteen having
before made his last Will & Testament & thereof constituted & appointed your Orator his Brother sole Executor & your
Orator hathe duely proved the said Will before the Lawfull Ordinary as by the Probate thereof ready to be produced to
this Honourable Court may appear. And your Orator further sheweth that in the life time of your Orators said Brother no
person did pretend to translate the said Book your Orator's said Brother in several Passages of his other writings having
expressed himself that the said Book was only intended to the Learned & for that reason was writ in Latin & not writ in
the Vulgar Language. But your Orator sheweth that since the death of your Orators said Brother one William Chetwood
of Russell Street in the Parish of St Pauls Covent Garden in the County of Middlesex Bookseller hath entered into a
Confederacy & Combination with some other Booksellers to Imploy some persons to translate the said Book into English &
to publish the same without the Consent of your Orator or any of the friends of your Orators said Brother which said Booksellers
& Confederates your Orator hath been Informed & chargeth the truth to be as followth viz William Taylor in Pater Noster Row
& Richard Franklin in Fleet Street London which said Confederates with some others of their Trade whose names your Orator
hath not yet discovered have Imployed some persons very unfit for such an undertaking ^to translate^ the said Latin Book of
your Orators said Brother into English amongst which Translators one Mr Gabriel Rousillon hath been Imployed by the said
Confederate William Chetwood to translate some part of the said Book & there being many hands Imployed therein your Orator
hath reason to believe that the said Translation (such as it is) is near finished for that in the Publick News Papers there is inserted
an advertisement on the 26th of September last past to this effect viz: That on that day was published & given Gratis Proposals
for Printing by Subscription Archæology or Thoughts of the Ancient Philosophers concerning the Origin of Things by way of
Commentary upon the Theory of the Earth Done from the Latin of Doctor Burnet by Mr Rousillon. Proposals are given
& Subscriptions for the Author taken at Buttons Coffee House in Covent Garden. N: B. The Books will be delivered in less than
a Fortnights time. Which was the first notice that your Orator had of the said Design & Thereupon some persons that are Your
Orators friends & were friends to your Orators said Brother in his life time & had regard & esteem for his memory having made an
Inquiry after the said Translation & having seen one Sheet thereof found that there were most Gross errors & Blunders in the said
Translation & that either through the Hast or Ignorance of the said Translators the sense & words of the Author of the said Book is utterly
mistaken & represented after a most absurd & ridiculous manner. And your Orator further sheweth your Lordship that your Orator & the
friends of your Orators said deceased Brother being desirous according to the Intentions of your Orators said Brother to have the said
Translation entirely supprest: Your Orators friends were made acquainted that several persons who had a value for the author had
subscribed for the Translation of the said Book & that the same was near finished & that the said Confererates as they pretended had been at
a Considerable Expence in the Printing thereof so that they must & would go on & pretend that they are ready to publish the Translation of
the said Book in a little time & the said Confederates make the greater dispatch & hasten the same to evade the Justice of this Honourable
Court. And your Orator further sheweth your Lordship that your Orators said Brother in his life time writ another Book in the Latin Tongue
Intituled De Statu Mortuorum & Resurgentium which he never did Publish but as his Manner was with his other writings he ordered two or
three Copys thereof to be printed at his own Charge & for his own use. One of which Copys was interleaved with Blank paper in which
upon Reveiw he made several Additions & Alterations which said Interleaved Copy was found in the Study of the said Doctor Burnet after
his death But your Orator sheweth that the Person who was Intrusted by the said Doctor Burnet to Print the said Copy did privately &
unknown to the said Doctor Burnet Orint one Copy thereof for himself or kept the Proof sheets of the said Book styled De Statu Mortuorum
& Resurgentium which said surreptitious Copy since the Death of the said Doctor Burnet happening to fall into the hands of a
worthy & learned Person who had an Esteem for the said Doctor Burney & his writings The said learned Person did order ten or twelve
Copys & no more of the said Book to be printed at his own Charge & in a very fair Character which said Copys so printed the said learned
Person did make Presents to some of his friends with an obligation that neither they nor any person into whose hands the said Book should
fall should permit the same either to be Copied or Printed & a short advertisement was written in Latin by the said worthy & learned person
& printed before the said Book, to the effect aforesaid. But your Orator sheweth that some of the friends of the said learned person to
whom he made Presents of the said Book being dead the said William Chetwood & the other Confederates or some of them have found
means to procure one of the said Copys & Give out that they Intend speedily not only to print the same but also to have the same translated
into English & the said William Chetwood & his Confederates pretend to Insist that they have a Right so to do for that he or they pretend
that the said Copy of the said Book De Statu Mortuorum & Resurgentium was bought or purchased by them & as to the other Book intituled
Archæologiæ Philosophicæ the said William Chetwood & his Confederates pretend that the same being written in Lattin a Translation
thereof into English is a new Book & that they or the writers they imploy have a Right to publish the same. Whereas your Orator is advised
that the original Property in the said Book being in the Author your Orators Brother & Testator the Right thereof is now ^[unreadable
interlineation]^ in your Orator & that the same ought not to be printed or translated against your Orators Consent or those
friends of your Orators said late Brother to whom your Orator has committed the Care of his said Brothers writings who by their
Conversation & Intimacy with your Orators said late Brother were acquainted with his Mind & Intention touching the Publication of his
writings & your Orator is advised that by the Statute made in the eight year of the Reign of her late Majesty Queen Anne Intituled an Act
for the Incouragement of Leaning the Law is still further Inforced for vesting the Copys of Printed Books in the Authors or Purchasers of
such Copys during the times therein mentioned And the said William Chetwood & his said Confederates pretend that by the said Act of
Parlement there are some Penaltys which they may be lyable to if they should make the Discovery sought by this your Orator's Bill but your
Orator sheweth that he doth hereby offer to waive any advantage of the Pecuniary Penalties in the said Act. And your Orator also sheweth
that the said William Chetwood & his Confederates have drawn into Confederacy with them one John Watts of Great Wilde street in ye
County of ^Middx^ Printer & at whose Printing Houses the said erronious Translation is printing So that if this Honourable Court doth not
interpose the said Confederates will gain their Design And your Orator sheweth that the before named Walter Kettleby is dead Intestate &
Mary Kettleby his daughter hath taken administration from a lawfull Ordinary to her said father & is thereby become his Representative
Now Forasmuch as your Orator hath not adequate Remedy in the Premises by the Common Law & the matters aforesaid are in their own
nature proper for the Jurisdiction & Relief of your Lordship in this Honourable Court May it please your Lordship that the said William
Chetwood & his said Confederates William Taylor Richard Franklin John Watts Gabriel Rousillon & their other Confederates when
discovered may true & perfect answer make to all & singular the Premises & in particular may set forth & discover whether he the said
William Chetwood & his Confederates did not imploy any & what Persons to translate the said Lattin Book stiled Archæologiæ
Philosophicæ into English & may set forth the names of all such Persons that were so imployed & where such Persons live & whether the
same was not done without the consent or knowledge of your Orator & whether the said William Chetwood & his ^said^ Confederates did
not publish such advertisement in Print in some or one of the Publick News Papers & whether all the said Book was Translated or printed
before the said William Chetwood & his said Confederates were served with the Process of this Honourable Court or how much thereof
remained to be translated or printed & what person or Persons were or are imployed to print the said Book & where they live & how many
Sheets therof hath been translated or printed since the said Confederates or any of them were served with the said Process And that the said
William Chetwood & his said Confederates may answer whether he they or any of them have procured any Copy of the beforementioned
Lattin Book Intituled De Statu Mortuorum & Resurgentium & when & by what means & from what person they or any of them procured
the same & in whose custody or power the same now is & whether the said last mentioned Book hath beene put to the Press & whether the
same is now printing or translating into English & by whom And that the said William Chetwood & his said Confederates may be restrained
by the order & Injunction of this Honourable Court from the printing or Publishing any Translation of the said Book stiled Archæologiæ
Philosophicæ or the printing or Publishing the said Book stiled De Statu Mortuorum & Resurgentium or the Making or Publishing any
Translation thereof ^& that all such sheets of the translation of either of the said books that are printed may be delivered to your Orator to be
damaskt or made wast paper according to the Statute of her said late Majestie Queen Ann^ & that the said Gabriel Rousillon may be
likewise restrained & injoined from taking any subscriptions for the printing or Publishing the said Books or either of them & that upon the
whole matter your Orator may be releived in all & singular the Premises according to Equity & good Conscience. May it please your
Lordship to grant your Orator his Majesties Writ of Subpoena to be issuing out of this Court to be directed to the said William Chetwood
William Taylor Richard Franklin John Watts & Gabriel Rousillon & their Confederates & for Conformity to the said Mary Kettleby thereby
commanding them & every them to appear before your Lordship in this Honourable Court to answer all & singular the Premises & also his
Majesties Writ of Injunction to stop & restrain the said Confederates from translating printing or publishing the said Books or either of them
& that the said William Chetwood & his Confederates may stand to & abide such Order & Decree in the Premises as to your Lordship shall
seem just & [blank] Harris
Your Orator shall ever pray &c: T Wilkinson
Chapter 1 Page 2
Jur 19o die Octobris 1721o
R Holford The Joynt and several Demurrer and Answer of William Chetwood Richard Franklin Two of the
Defendents to the Bill of Complaint of George Burnet Complainant.Collins per dec: Cheveley
These Defendants by protestation not Confessing or acknowledging all or any the matter of the said Complainants Bill of Complaint to be
true in such manner and sort as the same are therein and thereby set forth and declared say that they are advised that the Complainants said
Bill of Complaint is insufficient and to which by the Rules and Justice of this Honourable Court they these Defendents or either of them
ought not to be compelled to make or give any answer and whereas the Complainant doth by his Bill of Complaint pretend that the right of a
certain Book entitled Archæologiæ Philosphiæ sive doctrina antiqua de rerum Originibus which was written and published by Dr. Thomas
Burnet Master of the Charterhouse in his life time and also of another certain book entituled De statu mortuorum et resurgentium written by
the said Dr. Thomas Burnet are vested in the Complainant as sole Executor of the last Will and Testament of the said Dr. Thomas Burnet
and doth thereby claim the sole right of Printing and Publishing the said Books and that no one hath any right to print or publish the same
without the leave and consent of the Complainant: The Complainant doth likewise by his Bill Suggest that notwithstanding the
Complainants said right the Defendant William Chetwood in Confederacy with the other Defendants & other Booksellers hath without the
consent and leave of the Complainant procured the said first mentioned Book Entituled Archæologiæ Philosphiæ to be translated
and printed and is ready to publish the same and that the Defendants design to translate and print the said other Book De statu mortuorum et
resurgentium The scope therefore of the Complainants Bill being to have a discovery who are the Translators and Printers of the said first
mentioned Book and whether the said other book be now in Press As to so much of the said Bill as prays a discovery whether the said
Defendants did employ any and what persons to translate the said latin book stiled Archæologiæ Philosphiæ into English and the names and
places of abode of all such persons as were employed and whether the same was done with the knowledge of the Complainant and whether
they or any of them did publish an Advertisment in the publick Newspaper signifying that the said Translation would shortly be published
and whether all the said Book was translated and printed before the Defendants were served with the Process of this Honourable Court and
how much thereof remained to be translated and printed and what persons were or are imployed in printing the same and how many sheets
thereof hath been translated or printed since the Defendants or any of them were served with the said Process and that the Defendants may
be restrained by the Injunction of this Honourable Court from the printing and Publishing any Translations of the said Book and that all such
sheets thereof as are printed may be delivered to the Complainant to be damaskt and made wast paper of These Defendants do Demur and
for cause of Demurrer thereunto these Defendants say that it appeares of the Compainants own shewing that the said Book stiled
Archæologiæ Philosphiæ suggested by the Complainants Bill to be printed by these Defendants is not the same Book whereof the
Complainants Testator Dr. Thomas Burnet was Authour or Proprietor but a translation of the said Book into English And whereas the
Complainant founds his right on a statute made in the Eighth year of the Reign of her late Majesty Queen Anne entituled An Act for the
Encouragement of learning by vesting the Copies of printed Books in the Authors or Purchasors of such Copies during the times therein
mentioned, Yet the said Statute doth no where prohibit or forbid the translating of such Books into any other Language and the printing
and publishing such Translation the which therefore not being the same Book with that whereof the Complainants Testator was Author or
Proprietor the Complainant is no way interested therein nor is the printing or publishing thereof any way injurious to the Complainants
pretended right nor is the Complainant entitled to pray any discovery relating thereto, but if the said Translation be understood to be the
same book within the intent and meaning of the said Statute these Defendants for further cause of Demurrer to so much of the Complainants
said Bill as seeks a discovery whether the Defendants employed any to translate the said Book and who they were and how much is
Translated thereof and whether the Defendants or any of them did publish any Advertisement that the said Book would shortly be published
Say that the Complainant is in no way concerned therein inasmuch as the same is no way illegal nor contrary to the Complainants pretended
right nor has the Complainant shewed any Equity to entitle him to the discovery thereof and to so much of the Complainants said Bill as
seeks a discovery who are employed in the printing thereof or how many sheets of the said book are printed off and that the sheets of the
said book that are printed thereof may be delivered to the Complainant to be Damaskt and made wast paper These Defendants for further
cause of Demurrer shew that they these Defendants are advised they cannot make the said discovery or deliver up the said Sheets if any such
there were without making themselves lyable to the penalties and forfeitures mentioned in the said Statute of the Eighth of Queen Anne and
that as by the constant rules of this Court no Defendant is obliged to Answer to any matter the Confession whereof may Subject him to any
forfeiture or penalty at Law and though the Complainant does in his Bill offer to waive any advantage of the pecuniary penalties in the said
Act yet these Defendants are advised that they are not thereby indemnifyed inasmuch as one Moity of the said Forfeitures and penalties is
forfeited to the Crown and so not in the Complainants power to wave the same wherefore and for divers other apparent errors and mistakes
imperfections and uncertainties in the said Bill of Complaint contained these Defendants do Demur and abide in Law and humbly demand
the Judgment of this Honourable Court whether they shall be compelled to make or give any further or other Answer thereunto than as
hereafter they have Answered. And these Defendants for Answer to all the rest and residue of the Bill of Complaint not herein before
Demurred unto do [sev]erally say and deny that they or any of these Defendants have procured any Copy of the said Book entituled De statu
mortuorum et resurgentium in the Bill mentioned nor is the said Book or any Copy thereof in the Custody or power of these Defendants or
any of them nor do they or any of them know that the said Book hath been put to the press or is now printing or translating into English and
these Defendants to joyntly and severally Deny all and all manner of unlawfull combination or Confederacy to the prejudice and injury of
the Complainant Without that that any other matter or thing in the Complainants Bill already material for these Defendants to make Answer
unto and not herein or hereby sufficiently answered unto confessed avoided traversed or denyed in true all which they these Defendants are
ready to aver maintain and prove as this Honourable Court shall award and therefore pray to be hence dismissed with
their Costs and Charges in that behalf most wrongfully and unjustly sustained.
Cheveley
Sollom Emilyn
Transcription by: Kate Brookson-Morris
Source: The National Archives: c.11 242/45
Citation:
Burnet's Bill of Complaint and Chetwood's Answer, The National Archives (1721), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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Chapter 1 Page 1
2o October 1721 Smith To the Right Honourable Thomas Earl of Macclesfield
Lord High Chancellor of Great Brittain
Humbly complaining sheweth your Lordship Your Orator George Burnet of Eriholm in the County of York Gentleman
Brother & sole Executor of the last Will & Testament of Thomas Burnet Doctor of Laws late Master of the Charter
House in the Citty of London. That in the Year of our Lord One Thousand Six Hundred & Ninety two the said Doctor
Thomas Burnet your Orator's Brother & Testator did Publish a Book which he had written in the Latin Tongue Intituled
Archæologiæ Philosophicæ sive Doctrina Antiqua de Rerum Originibus which said Book was printed for Walter Kettleby
a Bookseller then living in St Pauls Church yard & was entered in the Register of the Stationers Company in the name
of the said Walter Kettleby & there being some offence taken at some Passages in the said Book the said Doctor
Burnet did shortly after write in the Latin Tongue a Letter in Apology or vindication thereof. After which a certain
Scribler Published a Book or Pamphlet containing a Collection or Translation into English of certain Irreligious
peices [sic] which were styled the Oracle of Reason & to set of & make the said Trash saleable the said writer
translated into English or procured to be translated into the said Book or Pamphlet one Chapter of the said Book of
Archæologiæ Philosophicæ of which Translation the said Doctor Burnet had no notice till the said Pamphlet was
published in Print at which usage your Orators said Brother had so great an Indignation that he did all he could to
prevent the same for the future & the better to keep the said Book of Archæologiæ Philosophicæ under his own power & to
prevent the same being either Reprinted Abridged or Translated without his leave & approbation the said Doctor Burnet
insisted that the said Walter Kettleby his Bookseller should make a Declaration of Trust to him the said Doctor Burnet
that the said Book styled Archæologiæ Philosophicæ with the said Epistle which were entered in his the said Walter Kettlebys
name were so entered in the Register of the said Stationers Company for & in Trust for him the said Doctor Burnet as in Truth
they were which Declaration of Trust & an Assignment of the said Copy the said Walter Kettleby did make accordingly by
writing under his hand & Seale bearing date the Twenty second day of February in the year of our Lord One Thousand Six
hundred & Ninety four & five As by the said Declaration of Trust & Assignment ready to be produced to this Honourable
Court may appear. And your Orator further sheweth ^unto^ your Lordship that your Orator's said Brother departed this life
on or about the Twenty Seventh day of September in the Year of our Lord One Thousand Seven hundred & fifteen having
before made his last Will & Testament & thereof constituted & appointed your Orator his Brother sole Executor & your
Orator hathe duely proved the said Will before the Lawfull Ordinary as by the Probate thereof ready to be produced to
this Honourable Court may appear. And your Orator further sheweth that in the life time of your Orators said Brother no
person did pretend to translate the said Book your Orator's said Brother in several Passages of his other writings having
expressed himself that the said Book was only intended to the Learned & for that reason was writ in Latin & not writ in
the Vulgar Language. But your Orator sheweth that since the death of your Orators said Brother one William Chetwood
of Russell Street in the Parish of St Pauls Covent Garden in the County of Middlesex Bookseller hath entered into a
Confederacy & Combination with some other Booksellers to Imploy some persons to translate the said Book into English &
to publish the same without the Consent of your Orator or any of the friends of your Orators said Brother which said Booksellers
& Confederates your Orator hath been Informed & chargeth the truth to be as followth viz William Taylor in Pater Noster Row
& Richard Franklin in Fleet Street London which said Confederates with some others of their Trade whose names your Orator
hath not yet discovered have Imployed some persons very unfit for such an undertaking ^to translate^ the said Latin Book of
your Orators said Brother into English amongst which Translators one Mr Gabriel Rousillon hath been Imployed by the said
Confederate William Chetwood to translate some part of the said Book & there being many hands Imployed therein your Orator
hath reason to believe that the said Translation (such as it is) is near finished for that in the Publick News Papers there is inserted
an advertisement on the 26th of September last past to this effect viz: That on that day was published & given Gratis Proposals
for Printing by Subscription Archæology or Thoughts of the Ancient Philosophers concerning the Origin of Things by way of
Commentary upon the Theory of the Earth Done from the Latin of Doctor Burnet by Mr Rousillon. Proposals are given
& Subscriptions for the Author taken at Buttons Coffee House in Covent Garden. N: B. The Books will be delivered in less than
a Fortnights time. Which was the first notice that your Orator had of the said Design & Thereupon some persons that are Your
Orators friends & were friends to your Orators said Brother in his life time & had regard & esteem for his memory having made an
Inquiry after the said Translation & having seen one Sheet thereof found that there were most Gross errors & Blunders in the said
Translation & that either through the Hast or Ignorance of the said Translators the sense & words of the Author of the said Book is utterly
mistaken & represented after a most absurd & ridiculous manner. And your Orator further sheweth your Lordship that your Orator & the
friends of your Orators said deceased Brother being desirous according to the Intentions of your Orators said Brother to have the said
Translation entirely supprest: Your Orators friends were made acquainted that several persons who had a value for the author had
subscribed for the Translation of the said Book & that the same was near finished & that the said Confererates as they pretended had been at
a Considerable Expence in the Printing thereof so that they must & would go on & pretend that they are ready to publish the Translation of
the said Book in a little time & the said Confederates make the greater dispatch & hasten the same to evade the Justice of this Honourable
Court. And your Orator further sheweth your Lordship that your Orators said Brother in his life time writ another Book in the Latin Tongue
Intituled De Statu Mortuorum & Resurgentium which he never did Publish but as his Manner was with his other writings he ordered two or
three Copys thereof to be printed at his own Charge & for his own use. One of which Copys was interleaved with Blank paper in which
upon Reveiw he made several Additions & Alterations which said Interleaved Copy was found in the Study of the said Doctor Burnet after
his death But your Orator sheweth that the Person who was Intrusted by the said Doctor Burnet to Print the said Copy did privately &
unknown to the said Doctor Burnet Orint one Copy thereof for himself or kept the Proof sheets of the said Book styled De Statu Mortuorum
& Resurgentium which said surreptitious Copy since the Death of the said Doctor Burnet happening to fall into the hands of a
worthy & learned Person who had an Esteem for the said Doctor Burney & his writings The said learned Person did order ten or twelve
Copys & no more of the said Book to be printed at his own Charge & in a very fair Character which said Copys so printed the said learned
Person did make Presents to some of his friends with an obligation that neither they nor any person into whose hands the said Book should
fall should permit the same either to be Copied or Printed & a short advertisement was written in Latin by the said worthy & learned person
& printed before the said Book, to the effect aforesaid. But your Orator sheweth that some of the friends of the said learned person to
whom he made Presents of the said Book being dead the said William Chetwood & the other Confederates or some of them have found
means to procure one of the said Copys & Give out that they Intend speedily not only to print the same but also to have the same translated
into English & the said William Chetwood & his Confederates pretend to Insist that they have a Right so to do for that he or they pretend
that the said Copy of the said Book De Statu Mortuorum & Resurgentium was bought or purchased by them & as to the other Book intituled
Archæologiæ Philosophicæ the said William Chetwood & his Confederates pretend that the same being written in Lattin a Translation
thereof into English is a new Book & that they or the writers they imploy have a Right to publish the same. Whereas your Orator is advised
that the original Property in the said Book being in the Author your Orators Brother & Testator the Right thereof is now ^[unreadable
interlineation]^ in your Orator & that the same ought not to be printed or translated against your Orators Consent or those
friends of your Orators said late Brother to whom your Orator has committed the Care of his said Brothers writings who by their
Conversation & Intimacy with your Orators said late Brother were acquainted with his Mind & Intention touching the Publication of his
writings & your Orator is advised that by the Statute made in the eight year of the Reign of her late Majesty Queen Anne Intituled an Act
for the Incouragement of Leaning the Law is still further Inforced for vesting the Copys of Printed Books in the Authors or Purchasers of
such Copys during the times therein mentioned And the said William Chetwood & his said Confederates pretend that by the said Act of
Parlement there are some Penaltys which they may be lyable to if they should make the Discovery sought by this your Orator's Bill but your
Orator sheweth that he doth hereby offer to waive any advantage of the Pecuniary Penalties in the said Act. And your Orator also sheweth
that the said William Chetwood & his Confederates have drawn into Confederacy with them one John Watts of Great Wilde street in ye
County of ^Middx^ Printer & at whose Printing Houses the said erronious Translation is printing So that if this Honourable Court doth not
interpose the said Confederates will gain their Design And your Orator sheweth that the before named Walter Kettleby is dead Intestate &
Mary Kettleby his daughter hath taken administration from a lawfull Ordinary to her said father & is thereby become his Representative
Now Forasmuch as your Orator hath not adequate Remedy in the Premises by the Common Law & the matters aforesaid are in their own
nature proper for the Jurisdiction & Relief of your Lordship in this Honourable Court May it please your Lordship that the said William
Chetwood & his said Confederates William Taylor Richard Franklin John Watts Gabriel Rousillon & their other Confederates when
discovered may true & perfect answer make to all & singular the Premises & in particular may set forth & discover whether he the said
William Chetwood & his Confederates did not imploy any & what Persons to translate the said Lattin Book stiled Archæologiæ
Philosophicæ into English & may set forth the names of all such Persons that were so imployed & where such Persons live & whether the
same was not done without the consent or knowledge of your Orator & whether the said William Chetwood & his ^said^ Confederates did
not publish such advertisement in Print in some or one of the Publick News Papers & whether all the said Book was Translated or printed
before the said William Chetwood & his said Confederates were served with the Process of this Honourable Court or how much thereof
remained to be translated or printed & what person or Persons were or are imployed to print the said Book & where they live & how many
Sheets therof hath been translated or printed since the said Confederates or any of them were served with the said Process And that the said
William Chetwood & his said Confederates may answer whether he they or any of them have procured any Copy of the beforementioned
Lattin Book Intituled De Statu Mortuorum & Resurgentium & when & by what means & from what person they or any of them procured
the same & in whose custody or power the same now is & whether the said last mentioned Book hath beene put to the Press & whether the
same is now printing or translating into English & by whom And that the said William Chetwood & his said Confederates may be restrained
by the order & Injunction of this Honourable Court from the printing or Publishing any Translation of the said Book stiled Archæologiæ
Philosophicæ or the printing or Publishing the said Book stiled De Statu Mortuorum & Resurgentium or the Making or Publishing any
Translation thereof ^& that all such sheets of the translation of either of the said books that are printed may be delivered to your Orator to be
damaskt or made wast paper according to the Statute of her said late Majestie Queen Ann^ & that the said Gabriel Rousillon may be
likewise restrained & injoined from taking any subscriptions for the printing or Publishing the said Books or either of them & that upon the
whole matter your Orator may be releived in all & singular the Premises according to Equity & good Conscience. May it please your
Lordship to grant your Orator his Majesties Writ of Subpoena to be issuing out of this Court to be directed to the said William Chetwood
William Taylor Richard Franklin John Watts & Gabriel Rousillon & their Confederates & for Conformity to the said Mary Kettleby thereby
commanding them & every them to appear before your Lordship in this Honourable Court to answer all & singular the Premises & also his
Majesties Writ of Injunction to stop & restrain the said Confederates from translating printing or publishing the said Books or either of them
& that the said William Chetwood & his Confederates may stand to & abide such Order & Decree in the Premises as to your Lordship shall
seem just & [blank] Harris
Your Orator shall ever pray &c: T Wilkinson
Chapter 1 Page 2
Jur 19o die Octobris 1721o
R Holford The Joynt and several Demurrer and Answer of William Chetwood Richard Franklin Two of the
Defendents to the Bill of Complaint of George Burnet Complainant.Collins per dec: Cheveley
These Defendants by protestation not Confessing or acknowledging all or any the matter of the said Complainants Bill of Complaint to be
true in such manner and sort as the same are therein and thereby set forth and declared say that they are advised that the Complainants said
Bill of Complaint is insufficient and to which by the Rules and Justice of this Honourable Court they these Defendents or either of them
ought not to be compelled to make or give any answer and whereas the Complainant doth by his Bill of Complaint pretend that the right of a
certain Book entitled Archæologiæ Philosphiæ sive doctrina antiqua de rerum Originibus which was written and published by Dr. Thomas
Burnet Master of the Charterhouse in his life time and also of another certain book entituled De statu mortuorum et resurgentium written by
the said Dr. Thomas Burnet are vested in the Complainant as sole Executor of the last Will and Testament of the said Dr. Thomas Burnet
and doth thereby claim the sole right of Printing and Publishing the said Books and that no one hath any right to print or publish the same
without the leave and consent of the Complainant: The Complainant doth likewise by his Bill Suggest that notwithstanding the
Complainants said right the Defendant William Chetwood in Confederacy with the other Defendants & other Booksellers hath without the
consent and leave of the Complainant procured the said first mentioned Book Entituled Archæologiæ Philosphiæ to be translated
and printed and is ready to publish the same and that the Defendants design to translate and print the said other Book De statu mortuorum et
resurgentium The scope therefore of the Complainants Bill being to have a discovery who are the Translators and Printers of the said first
mentioned Book and whether the said other book be now in Press As to so much of the said Bill as prays a discovery whether the said
Defendants did employ any and what persons to translate the said latin book stiled Archæologiæ Philosphiæ into English and the names and
places of abode of all such persons as were employed and whether the same was done with the knowledge of the Complainant and whether
they or any of them did publish an Advertisment in the publick Newspaper signifying that the said Translation would shortly be published
and whether all the said Book was translated and printed before the Defendants were served with the Process of this Honourable Court and
how much thereof remained to be translated and printed and what persons were or are imployed in printing the same and how many sheets
thereof hath been translated or printed since the Defendants or any of them were served with the said Process and that the Defendants may
be restrained by the Injunction of this Honourable Court from the printing and Publishing any Translations of the said Book and that all such
sheets thereof as are printed may be delivered to the Complainant to be damaskt and made wast paper of These Defendants do Demur and
for cause of Demurrer thereunto these Defendants say that it appeares of the Compainants own shewing that the said Book stiled
Archæologiæ Philosphiæ suggested by the Complainants Bill to be printed by these Defendants is not the same Book whereof the
Complainants Testator Dr. Thomas Burnet was Authour or Proprietor but a translation of the said Book into English And whereas the
Complainant founds his right on a statute made in the Eighth year of the Reign of her late Majesty Queen Anne entituled An Act for the
Encouragement of learning by vesting the Copies of printed Books in the Authors or Purchasors of such Copies during the times therein
mentioned, Yet the said Statute doth no where prohibit or forbid the translating of such Books into any other Language and the printing
and publishing such Translation the which therefore not being the same Book with that whereof the Complainants Testator was Author or
Proprietor the Complainant is no way interested therein nor is the printing or publishing thereof any way injurious to the Complainants
pretended right nor is the Complainant entitled to pray any discovery relating thereto, but if the said Translation be understood to be the
same book within the intent and meaning of the said Statute these Defendants for further cause of Demurrer to so much of the Complainants
said Bill as seeks a discovery whether the Defendants employed any to translate the said Book and who they were and how much is
Translated thereof and whether the Defendants or any of them did publish any Advertisement that the said Book would shortly be published
Say that the Complainant is in no way concerned therein inasmuch as the same is no way illegal nor contrary to the Complainants pretended
right nor has the Complainant shewed any Equity to entitle him to the discovery thereof and to so much of the Complainants said Bill as
seeks a discovery who are employed in the printing thereof or how many sheets of the said book are printed off and that the sheets of the
said book that are printed thereof may be delivered to the Complainant to be Damaskt and made wast paper These Defendants for further
cause of Demurrer shew that they these Defendants are advised they cannot make the said discovery or deliver up the said Sheets if any such
there were without making themselves lyable to the penalties and forfeitures mentioned in the said Statute of the Eighth of Queen Anne and
that as by the constant rules of this Court no Defendant is obliged to Answer to any matter the Confession whereof may Subject him to any
forfeiture or penalty at Law and though the Complainant does in his Bill offer to waive any advantage of the pecuniary penalties in the said
Act yet these Defendants are advised that they are not thereby indemnifyed inasmuch as one Moity of the said Forfeitures and penalties is
forfeited to the Crown and so not in the Complainants power to wave the same wherefore and for divers other apparent errors and mistakes
imperfections and uncertainties in the said Bill of Complaint contained these Defendants do Demur and abide in Law and humbly demand
the Judgment of this Honourable Court whether they shall be compelled to make or give any further or other Answer thereunto than as
hereafter they have Answered. And these Defendants for Answer to all the rest and residue of the Bill of Complaint not herein before
Demurred unto do [sev]erally say and deny that they or any of these Defendants have procured any Copy of the said Book entituled De statu
mortuorum et resurgentium in the Bill mentioned nor is the said Book or any Copy thereof in the Custody or power of these Defendants or
any of them nor do they or any of them know that the said Book hath been put to the press or is now printing or translating into English and
these Defendants to joyntly and severally Deny all and all manner of unlawfull combination or Confederacy to the prejudice and injury of
the Complainant Without that that any other matter or thing in the Complainants Bill already material for these Defendants to make Answer
unto and not herein or hereby sufficiently answered unto confessed avoided traversed or denyed in true all which they these Defendants are
ready to aver maintain and prove as this Honourable Court shall award and therefore pray to be hence dismissed with
their Costs and Charges in that behalf most wrongfully and unjustly sustained.
Cheveley
Sollom Emilyn
Transcription by: Kate Brookson-Morris